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Recently, the right to campaign was questioned and debated during the Lok Sabha elections, when former Delhi Chief Minister Arvind Kejriwal approached the Supreme Court seeking the right to campaign for the general elections.
Eventually, Kejriwal got bail from the Supreme Court and accordingly, he joined the Lok Sabha election campaign.
In Javed vs State of Haryana (2003) 8 SCC 369, the Supreme Court held that the right to contest elections is neither a fundamental right nor a common law right. This is a right granted by law.
At most, in the wake of the addition of Part IX to the Constitution, the right to contest election for a post in the Panchayat can be said to be a constitutional right – a right that originates in the Constitution and is shaped by a statute. But still it cannot be linked to fundamental rights.
There is nothing wrong in the same statute which grants the right to contest elections, also provides essential qualifications without which a person cannot offer his candidature for any elected office and also provides disqualifications which a person Will disable you from contesting elections. or holding an elective legislative office.
Furthermore, in the case of the Supreme Court Jyoti Basu Vs. debbie ghoshal It held that the right to elect, although fundamental to democracy, is, unusually enough, neither a fundamental right nor a common law right.
In 2017, the Delhi High Court was also hearing a petition by the Election Commission of India against the trial court’s order allowing custodial parole to Mukhtar Ansari.
